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The Americans with Disabilities Act : ADA Post Amendments. Sharon Bellwood, Director Student Disability Services Greenville Technical College. ADA Evolution. 1990: Signed into Law 1992: Beginning implementation begins 2000: Reauthorized: 10 th Anniversary

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the americans with disabilities act ada post amendments
The Americans with Disabilities Act : ADAPost Amendments

Sharon Bellwood, Director

Student Disability Services

Greenville Technical College

ada evolution
ADA Evolution
  • 1990: Signed into Law
  • 1992: Beginning implementation begins
  • 2000: Reauthorized:

10th Anniversary

  • A series of “bad” Supreme Court Decisions:
  • 2008: Amendments approved
  • 2011: Final regulations published
ada vs adaa what changed
ADA vs. ADAAWhat changed?

ACCESS

Process

  • Equal opportunity expands to equal access
  • Programs
  • Services
  • Events
  • Benefits
  • Due process expands to the deliberative process
  • “the critical examination of an issue involving the weighing of reasons for and against a course of action
  • “deliberative process” is a process allowing a group to receive and exchange information, to critically examine an issue, and to come to an agreement which will inform and effect decision making
what did not change
What did not change?

3 ways to accommodate: AKA to say YES

1. Reasonable accommodation

2. Auxiliary aids and services

3. Alteration to policies and procedures

3 reasons to deny:

AKA to say NO

  • Fundamental Alteration
  • Undue burden
  • Direct Threat

This one changed a little bit…

implementing access
Implementing Access
  • New construction standards:
    • Stadiums and places of public gathering
  • Web Accessibility
  • Reasonable accommodation redefined as a “means to access”.
  • Inclusion gives way to Universal Design
  • New definition of a wheelchair
  • Definition of a service animal
  • Documentation to support the disability should not be exhaustive or cumbersome
implementing the deliberative process
Implementing the Deliberative Process

Begins with NOTICE:

  • Clearly outlined process for:
    • Requesting services
    • Approval of services
    • Implementation of services
    • Clearly outlined process for:
      • How the final decision is made
      • How to disagree with the decision
      • Substantial process to ensure all affected parties are represented
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